46.254 (2) Department certification. At least annually, the department shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health and social services, the department has determined that it may recover under ss. 49.083, 49.125, 49.195 (3) and 49.497, except that the department may not certify an amount under this subsection unless the department has met the notice requirements under sub. (3) and unless the department's determination has either not been appealed or is no longer under appeal.

49.85 (2) (a) At least annually, the department of health and social services shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health and social services, the department of health and social services has determined that it may recover under ss. 49.125, 49.195 (3) and
s. 49.497, except that the department of health and social services may not certify an amount under this subsection unless the departmentit has met the notice requirements under sub. (3) and unless the department'sits determination has either not been appealed or is no longer under appeal.

49.85 (3) (a)(intro.) At least 30 days before certification of an amount, the department of health and social services shall send a notice to the last-known address of the person from whom thethat department intends to recover the amount. The notice shall do all of the following:

27,2152Section
2152
. 46.254 (3) (a) of the statutes is amended to read:

46.254 (3) (a) Inform the person that the department intends to certify to the department of revenue an amount that the department of health and social services has determined to be due under s. 49.083, 49.125, 49.195 (3) or 49.497, for setoff from any state tax refund that may be due the person.

49.85 (3) (a) 1. Inform the person that the department of health and social services intends to certify to the department of revenue an amount that the department of health and social services has determined to be due under s. 49.125, 49.195 (3) or 49.497, for setoff from any state tax refund that may be due the person.

27,2154Section
2154. 46.254 (3) (b) to (e) of the statutes are renumbered 49.85 (3) (a) 2. to 5. and amended to read:

49.85 (3) (a) 2. Inform the person that he or she may appeal the department's determination of the department of health and social services to certify the amount by requesting a hearing under sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.

3. Inform the person that, if the department's determination of the department of health and social services is appealed, thethat department will not certify the amount to the department of revenue while the determination of the department of health and social services is under appeal.

4. Inform the person that, unless a contested case hearing is requested to appeal the department's determination of the department of health and social services, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.

5. Request that the person inform the department of health and social services if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.

27,2156Section
2156. 46.254 (4) of the statutes is renumbered 49.85 (4) (a) and amended to read:

49.85 (4) (a) If a person has requested a hearing under this subsection, the department of health and social services shall hold a contested case hearing under s. 227.44, except that the department of health and social services may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.

27,2157Section
2157. 46.254 (5) of the statutes is renumbered 49.85 (5) and amended to read:

49.85 (5) Effect of certification. Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93. Certification of an amount under this section does not prohibit the department of health and social services or the department of industry, labor and human relations from attempting to recover the amount through other legal means. The department of health and social services or the department of industry, labor and human relations shall promptly notify the department of revenue upon recovery of any amount previously certified under this section.

46.258 (1) From the appropriation under s. 20.435 (4) (ga)(cb), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and to persons whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and child support orders awarded to persons whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.

27,2158bSection 2158b. 46.258 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

46.258 (1) From the appropriation under s. 20.435
(4)(3) (cb), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and to persons whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and child support orders awarded to persons whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.

27,2159Section
2159. 46.258 (2) (a) (intro.) of the statutes is amended to read:

46.258 (2) (a) (intro.) From the appropriation under s. 20.435 (4) (g)(cb), the department shall provide state incentive payments, in a total amount of not less than $259,000 in each fiscal year, to counties that meet the child support collection and child support administrative efficiency criteria, according to a distribution formula determined by the department that does all of the following:

46.258 (2) (a) (intro.) From the appropriation under s. 20.435 (4)(3) (cb), the department shall provide state incentive payments, in a total amount of not less than $259,000 in each fiscal year, to counties that meet the child support collection and child support administrative efficiency criteria, according to a distribution formula determined by the department that does all of the following:

46.26 (3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds allocated under par. (c), the department of health and social services shall allocate funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate use of applicable services of the department of health and social services under ss. 48.34 and 48.366 or the department of corrections under ss.
s. 48.366 and 48.537 during previous calendar years.

27,2168Section
2168. 46.26 (3) (dm) of the statutes is amended to read:

46.26 (3) (dm) The department of health and social services may carry forward for a county from one calendar year to another funds allocated under this subsection that are not spent or encumbered. The amount that the department may carry forward for a county under this paragraph may not exceed 3%5% of the amount allocated to the county for the 12-month period ending December 31. The funds carried forward under this paragraph do not affect a county's base allocation.

27,2169Section
2169. 46.26 (3) (em) of the statutes is created to read:

46.26 (3) (em) The department of health and social services may carry forward any emergency funds allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within s. 20.435 (3) (cd) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (7) (e). The allocation does not affect a county's base allocation.

27,2169mSection 2169m. 46.26 (3) (em) of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.

46.26 (4) (a) Except as provided in pars. (c) and (cm), the department of health and social services shall bill counties or deduct from the allocations under s. 20.435 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of health and social services for each person receiving services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving services under s. 48.366. The department of health and social services may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 after the person reaches 19 years of age or provided to a person subject to an order under s. 48.34 (4g). Payment shall be due within 60 days of the billing date. If any payment has not been received within 60 days, the department of health and social services may withhold aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).

46.26 (4) (a) Except as provided in pars. (c) and (cm), the department of health and social services shall bill counties or deduct from the allocations under s. 20.435 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of health and social services for each person receiving services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving services under s. 48.366. The department of health and social services may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 after the person reaches 18 years of age. Payment shall be due within 60 days of the billing date. If any payment has not been received within 60 days, the department of health and social services may withhold aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).

46.26 (4) (b) 1. Assessment of costs under par. (a) shall be made periodically on the basis of a per person per day cost estimate adjusted at least annually by the department. Except as provided in pars. (bm), (c),and (cm) and (dr), liability shall apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court exercising jurisdiction under ch. 48 for each person receiving services from the department of health and social services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections under s. 48.366. Except as provided in pars. (bm), (c),and (cm) and (dr), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) and (d) to the total applicable estimated costs of care, services and supplies provided by the department of health and social services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections under ss. 48.34 (4g) ands. 48.366.

46.26 (4) (c) Notwithstanding pars. (a), (b) 1. and (bm), but subject to par. (dr), the department of health and social services shall pay, from the appropriation under s. 20.435 (3) (hm), the costs of care, services and supplies provided for each person receiving services under ss. 48.34, 48.366 and 51.35 (3) who was under the guardianship of the department pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

46.26 (4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm), but subject to par. (dr), the department shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing juvenile correctional institutions for costs incurred beginning on January 1, 1995, for the care of any child who is placed in a juvenile correctional facility based on a delinquent act that is a violation of s. 940.01, 940.02, 940.03, 940.05, 940.225 (1) or 943.32 (2).

27,2180mSection 2180m. 46.26 (4) (d) 2. of the statutes is amended to read:

46.26 (4) (d) 2. Beginning July 1, 19931995, and ending December 31, 19931995, the per person daily cost assessment to counties shall be $101.55$120.73 for care in a juvenile correctional institution, $101.55$120.73 for care for children transferred from a juvenile correctional institution under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $131.65$147.91 for care in a child caring institution, $92.03$102.53 for care in a group home for children, $21.02$22.84 for care in a foster home, $58.37$65.94 for care in a treatment foster home, $86.51 for departmental corrective sanctions services and $11.57$12.20 for departmental aftercare services.

27,2181mSection 2181m. 46.26 (4) (d) 3. of the statutes is amended to read:

46.26 (4) (d) 3. In calendar year 1994
Beginning January 1, 1996, and ending June 30, 1996, the per person daily cost assessment to counties shall be $111.73$120.73 for care in a juvenile correctional institution, $111.73$120.73 for care for children transferred from a juvenile correctional institution under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $141.05$153.87 for care in a child caring institution, $98.47$106.69 for care in a group home for children, $22.49$23.80 for care in a foster home, $62.46$68.58 for care in a treatment foster home, $66.75$86.51 for departmental corrective sanctions services and $12.96$12.20 for departmental aftercare services.

27,2190Section
2190. 46.26 (4) (g) of the statutes is amended to read:

46.26 (4) (g) For juvenile field and institutional aftercare services under ch. 48 and for the juvenile offender review program in the division of youth services in the department of health and social services, all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.

27,2191Section
2191. 46.26 (7) (intro.) of the statutes is amended to read:

46.26 (7)Allocations of funds. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.435 (3) (cd) and (oo), the department shall allocate funds for community youth and family aids for the period beginning July 1, 19931995, and ending June 30, 19951996, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows: